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Ms. Toad

(33,915 posts)
46. Not so much.
Sat May 2, 2015, 03:29 AM
May 2015

mens rea refers to the mental state necessary to establish the commission of a particular crime. At common law, the mens rea for the crime charged is depraved heart. Under the Model Penal Code the mens rea for the equivalent crime is recklessly under circumstances manifesting extreme indifference to the value of human life.

The Maryland charging documents apparently use the term depraved heart murder even though that term does not appear in the statutes - but it appears to refer to the equivalent of the model penal code noted above. So - fast and loose only to the extent that I referred to the common law mens rea since that what the crime charged, rather then looking up the statute to retrieve the equivalent staututory mens rea.

My point is that depraved heart (or recklessly under circumstances manifesting extreme indifference to the value of human life) is the mindset of the person as he was committing a particular crime - not a label for his pervasive mental state.

K & R. n/t FSogol May 2015 #1
Wonder where the Driver is...the only one who did not file a report and charged with Depraved Heart libdem4life May 2015 #2
At an undisclosed location? Koinos May 2015 #5
While he may be a sociopath, Ms. Toad May 2015 #15
Depraved Heart Murder/Manslaughter is not a medical diagnosis. Correct. libdem4life May 2015 #18
You're playing a little loose with the term mens rea there. Jackpine Radical May 2015 #19
And I hope they aren't overcharging him B2G May 2015 #25
I somewhat disagree in this case. Jackpine Radical May 2015 #27
Yes, but were any of those drivers convicted of the same charge? B2G May 2015 #28
Probably not, since all I know about were civil cases, not criminal prosecutions. Jackpine Radical May 2015 #32
Oh FFS, you don't need to be a mental giant to understand that not giving a shit when a prisoner libdem4life May 2015 #43
I was actually replying to MsToad, who DID use the term, and Jackpine Radical May 2015 #45
Not so much. Ms. Toad May 2015 #46
Thanks for the clarification. Jackpine Radical May 2015 #48
Here's a bit more (just because I went to find it for another thread) Ms. Toad May 2015 #49
Thank you. Jackpine Radical May 2015 #50
I still can't believe it BrotherIvan May 2015 #3
"I thought they were going to walk." workinclasszero May 2015 #4
It's rare, but sometimes it happens. malthaussen May 2015 #7
Don't get me wrong workinclasszero May 2015 #10
Getting charges is one step in the right direction. MH1 May 2015 #11
When this goes to trial - hifiguy May 2015 #14
You're right. You know, most prosecutors deal most of the time Jackpine Radical May 2015 #23
You're right, they still could BrotherIvan May 2015 #12
Very few, but airc, in Rodney King, there was some jail time served but only after the Feds got sabrina 1 May 2015 #33
I think the tide is going to start turning... awoke_in_2003 May 2015 #36
I can't imagine why you thought they would walk. Enthusiast May 2015 #21
Let's hope this is some kind of wake-up call for cops all across the country. Vinca May 2015 #6
Balt. FOP proved that will not happen. ChairmanAgnostic May 2015 #17
If these thugs get real prison time... awoke_in_2003 May 2015 #37
Still have to get a jury to convict davidn3600 May 2015 #44
Gee, I hope they didn't get a rough ride in the paddy wagon. Comrade Grumpy May 2015 #8
Exactly what I was going to say underpants May 2015 #29
The public is a little safer now. But where is #6? MoonRiver May 2015 #9
Are their spines intact? hootinholler May 2015 #13
This on the heels of the police declaring he inflicted his own injuries. AtomicKitten May 2015 #16
K&R! This post should have hundreds of recommendations! Enthusiast May 2015 #20
Oh, but riots don't work! Peaceful protest is the only way! Downtown Hound May 2015 #22
I think your suggestion is offensive. sybylla May 2015 #31
I really don't give a shit if you find it offensive Downtown Hound May 2015 #42
K&R Solly Mack May 2015 #24
good news happy may day captainarizona May 2015 #26
Great news! Sissyk May 2015 #30
This weeks fiasco could have been avoided imthevicar May 2015 #34
State's Attorney Marilyn Mosby: Cha May 2015 #35
Hell... awoke_in_2003 May 2015 #38
Yeah, I thought it was pretty potent. Cha May 2015 #39
perfect bigtree May 2015 #40
You're welcome, bigtree Cha May 2015 #41
A brilliant prosecutor. joshcryer May 2015 #47
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